I can't think of any specific legislation which prohibts the use of other's scaffolding, assuming of course the scaffolding it is fit for use and signed off as checked every 7 days etc. However, I could think of a number of reasons why a company would not be keen on others using it. Could you not remove the access ladder or install a locakable gate to prevent unauthorised access?

Get yourself a copy of "Protecting the Public -your next move" HSE publication. HSG 151 (I think) for some useful guidance.

That was my initial reaction...shared costs.

You all seem to be thinking along the same line as me. I was thinking that the site is under our control but, it is not a site as such, it is a structure that is situated in a public accessible area. All ways to stop access have been taken i.e. removing of the ladder, so we have some our up-most on that part. I understand the point of best value, but the client is clearly letting other contractors use these scaffolds because they are getting a better rate, so I doubt they will listen from that prospective.

The best point I have heard on this forum which was the route to which I was going to venture was vicarious liability. I was thinking because the client is authorising these works to take place, and have not checked the adequacy of the scaffold before sending the contractor to do the works they would be in a dreadful situation should some thing happen to the member of the public or one of the operatives using the scaffold.

Not sure of what case law I can refer to for this circumstances though?

Agree with the others that this is not a good place to be. Do check your contract small print as this type of clause is sometimes slipped in. BUT, especially if you are the PC also, then you have the right to be told when this is happening, and who by, so that you have the opportunity to assess them for work on your site and with your equipment. The CDM regs are clear about who is in control of a site and it is NOT the client in any way shape or form.

I am always apprehensive about any client that wants a totally separate contractor to work on my site without any input from myself. Certainly the insurance issue is also one that cannot be avoided.

Bob

Hi Frank

This has already been done. It seems the contractor is using his own access ladder and has inspected the scaffold themselves.

Specifically, Regulations 5 & 6 of CDM apply to all parties.